What's happening
This bill designates Long Island Rail Road fire marshals as peace officers with authority limited to fire-related matters.
Why it matters
Expands authority for Long Island Rail Road fire marshals. , giving them peace officer status specifically when dealing with fire-related investigations and emergencies. This could enable quicker, more effective response to incidents on LIRR property.
Clarifies limits on their new powers. by explicitly restricting their authority to fire and fire hazard matters, avoiding broader law enforcement functions and potential overreach.
Establishes firearm restrictions. , requiring fire marshals to have a proper license before they can carry, possess, repair, or dispose of any firearm, which aims to ensure public safety and oversight as their role changes.
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Who cares
Headline styles
Make LIRR Fire Marshals Peace Officers
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 58–2
- Ordered to third reading cal.879
- Reported and committed to rules
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Make LIRR Fire Marshals Peace Officers
In Assembly Committee · Codes · Sponsor Kimberly Jean-Pierre
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3880
2019-2020 Regular Sessions
IN SENATE
February 20, 2019
Introduced by Sens. MARTINEZ, BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to designating fire marshals employed in the Long Island Rail Road Company Office of the Fire Marshals as peace officers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2.10 of the criminal procedure law is amended by adding a new subdivision 85 to read as follows:
85. Fire marshals employed in the Long Island Rail Road Company Office of the Fire Marshals, when acting pursuant to their special duties in matters arising under the laws relating to fires, the extinguishment thereof and fire perils; provided, however, that nothing in this subdivision shall be deemed to authorize such officer to carry, possess, repair or dispose of a firearm unless the appropriate license therefor has been issued pursuant to section 400.00 of the penal law.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09061-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to designating fire marshals employed in the Long Island Rail Road Company Office of the Fire Marshals as peace officers
Purpose or general idea of bill
To grant peace officer status to fire marshals employed in the Long Island Rail Road Company Office of the Fire Marshals, similar to many other jurisdictions in New York State where fire marshals are sworn peace officers.
Summary of provisions
Section 2.10 of the criminal procedure law is amended by adding a new subdivision 85.
Justification
On September 27, 1979, the Long Island Rail Road Fire Marshal's Office was established as part of a transfer from the Long Island Rail Road Police Department to the LIRR System Safety Department. Currently, the Office of the Fire Marshal continues to perform many of the same duties and responsibilities that its predecessors began with long ago, and such has, expanded its duties in conjunction with the demands of changing hazards. While times and technologies change, the goals of providing an environment safe from threat of fire and other hazards remains as the primary goal of the office. Criminal Procedure Law 2.10 provides a list of agencies which are designated by an amendment to this law, many exam- ples of which are Fire Marshals. A peace officer is a public official who is charged with keeping the peace. These officers are granted certain powers that they can use to fulfill their duties, including the power to make arrests. Granting peace officer status to members of the Long Island Rail Road Fire Marshal's Office will enhance the ability of enforcement by providing a means and method to enforce regulations in dealing with violations of the Uniform Code of New York that are consid- ered to be misdemeanors under New York State Exe cutive Law. Examples of peace officers include game wardens, park rangers, sheriffs, marshals, fire marshals, probation officers, and prison guards. Gaining this designation will help the LIRR Office of Fire Marshals deal with viola- tors of legal statutes caused by contractors and other entities that are outside the realm of specific leases and agreements held with the Long Island Rail Road.
Prior legislative history
2018: New Bill.
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.